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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, December 23, 2013

A History of Workers' Compensation - With a Washington State Slant

English Fire Insurance Laws Enacted in 1667
Today's post comes from guest author Kit Case, from Causey Law Firm.
c2000, BC Hammurabi, ruler of Babylon, was responsible for the Code of Hammurabi, part of which bears resemblance to today's workers' compensation laws.
c460-c377, BC Hippocrates, the father of contemporary medicine, established .a link between the respiratory problems of Greek stonecutters and the rock dust surrounding them.
1667 The Great Fire of London (September 2-7, 1666) caused the first English fire insurance laws to be enacted.
1880 William Gladstone pushes Employers’ Liability Act in Britain
1864 The Pennsylvania Mine Safety Act (PMSA) was passed into law.
1871 Otto Eduard Leopold, Prince of Bismarck, Duke of Lauenburg, (known as Otto von Bismarck, a Prussian statesman) enacts the Employers’ Liability Act.
1877 The state of Massachusetts passed a law requiring guarding for dangerous machinery, and took authority for enforcement of factory inspection programs.
1878 The first recorded call by a labor organization for a federal occupational safety and health law is heard.
1884 Otto von Bismarck enacts Workers’ Accident Insurance
1902 The state of Maryland passed the first workers' compensation law.
1911 Industrial Insurance laws enacted in Washington State.
1911 – 1915 During this period, 30 states passed workers' compensation laws.
1968 President Lyndon Johnson called for a federal occupational safety and health law.
1970 President Richard Nixon signed into law the Occupational Safety and Health Act (OSHA), thus creating the OSH Administration and the National Institute for Occupational Safety and Health (NIOSH).
1972 Self-Insurance for Workers' Compensation allowed for individual businesses in Washington State.
2012 Compromise and Release Structured Settlement Agreements allowed for certain Washington State workers’ compensation claims that meet basic criteria.


Buying Overseas Clothing, U.S. Flouts Its Own Advice

Interational fashion safety, once a catalyst in the US of beter working conditions, still does not bring to the table the USToday's post was shared by The New York Times and comes from www.nytimes.com


One of the world’s biggest clothing buyers, the United States government spends more than $1.5 billion a year at factories overseas, acquiring everything from the royal blue shirts worn by airport security workers to the olive button-downs required for forest rangers and the camouflage pants sold to troops on military bases.
But even though the Obama administration has called on Western buyers to use their purchasing power to push for improved industry working conditions after several workplace disasters over the last 14 months, the American government has done little to adjust its own shopping habits.
Labor Department officials say that federal agencies have a “zero tolerance” policy on using overseas plants that break local laws, but American government suppliers in countries including Bangladesh, the Dominican Republic, Haiti, Mexico, Pakistan and Vietnam show a pattern of legal violations and harsh working conditions, according to audits and interviews at factories. Among them: padlocked fire exits, buildings at risk of collapse, falsified wage records and repeated hand punctures from sewing needles when workers were pushed to hurry up.
In Bangladesh, shirts with Marine Corps logos sold in military stores were made at DK Knitwear, where child laborers made up a third of the work force, according to a 2010 audit that led some vendors to cut ties with the plant. Managers punched workers for missed production quotas, and the plant had...
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Sunday, December 22, 2013

Drilling down on the necessity of dental X-rays

Dental x-rays
When my son and daughter were youngsters, once a year I'd have a disagreement with their pediatric dentist. He wanted to do routine annual X-rays, and I would protest because neither child ever had any cavities. His response: Dental X-rays are an important diagnostic tool, representing a small speck in the sea of radiation that we receive by inhabiting planet Earth.
It turns out we both were right. Dental X-rays are essential for detecting serious oral and systemic health problems, and generally the amount of radiation is very low. But new thinking on dental X-rays is that the "one size fits all" schedule is outdated.
"The notion of bite-wing X-rays every year and a full set of X-rays every three years for every patient should go in the garbage can," says Stuart White, a dentist and professor emeritus at the UCLA School of Dentistry. Instead, decisions should be made individually.
Emphasizing that "without dental X-rays we would go back 120 years, and disease detection would be primitive and awful," White says dentists must strive to minimize unnecessary exposure.
And this is where the discussion gets complicated because the amount of radiation you receive depends on how the dentist takes pictures of your teeth.
For example, if your dentist uses slow film and round collimation (the piece of equipment placed near your face during X-rays), you're going to get approximately double the dose that you would from digital imagery and rectangular...
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Every Year There Are Thousands of Holiday-Decorating Injuries


Holiday safety is an important concern. Today's post is shared from The Atlantic.

It was the day after Christmas, 1994, and the Garber family had gathered around its table for a post-holiday dinner. The atmosphere: still festive. The turkey: still juicy. The tree: still in full regalia. All was still merry and bright, in other words, as we sat down to our day-after leftovers.
Until, that is, someone smelled the smoke. At first, we thought, the oven had been left on. Or maybe a neighbor had lit a fire? But then the scent started to take on a sour tinge. Like burning plastic? Or maybe—eek—lighter fluid? And then someone saw the smoke. It was wafting in toward the table. We weren't smelling something from outside. It all was coming from inside the house.
The Christmas of 1994, in other words, was the Christmas the Garber family became a statistic: Our tree had caught fire. We are still not sure how. But it was probably, the U.S. Consumer Product Safety Commission would say, because we had let our tree go under-watered. Or over-lighted. Or, even more possibly, overdone with reflective ornaments. Perhaps, on the other hand, we had simply situated it too close to a heat source.
Regardless: Do not be like the Garbers! Heed the warnings of the CPSC, for your own safety, or at least that of your home! Each year, the Commission publishes, Cassandra-like, a nearly identical list of recommendations meant to help Americans...
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Judge Orders Companies to Pay $1.1 Billion for Lead Paint Removal


Video Link: http://tinyurl.com/mwoqs3d
On Monday, a judge ordered three paint companies to pay $1.1 billion to remove lead-based paint in California homes in several jurisdictions, including Oakland, San Francisco, Los Angeles and San Diego, marking the end to a case that took 13 years to litigate.
According to the LA Times, Santa Clara County Superior Court Judge James P. Kleinberg ruled that ConAgra, NL Industries and Sherwin-Williams had exposed children to a known poison for decades when they sold lead-based paint for use in homes before it was outlawed in 1977 and created a “public nuisance” by their actions.
Public health historians Gerald Markowitz and David Rosner mentioned the trial to Bill earlier this year on Moyers & Company noting that a decision against the companies would mark only the second time in history that the industry has been compelled to pay for clean-up. A similar decision in 2006 in Rhode Island was later overturned by that state’s Supreme Court. Markowitz and Rosner warned that, for young children, there’s no safe level of exposure to this dangerous toxin still lurking in millions of homes across the country.
In the California ruling, the judge wrote, “The court is convinced there are thousands of California children in the Jurisdictions whose lives can be improved, if not saved through a lead abatement plan.” The LA Times reports that nearly 5 million homes in the 10 cities and counties that joined the lawsuit could require abatement. Many of...
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Having a Servant Is Not a Right

AT the heart of the fracas surrounding the arrest of an Indian diplomat in New York who promised to pay her housekeeper $9.75 per hour, in compliance with United States labor rules, but instead paid her $3.31 per hour, is India’s dirty secret: One segment of the Indian population routinely exploits another, and the country’s labor laws allow gross mistreatment of domestic workers.
India is furious that the diplomat, Devyani Khobragade, was strip-searched and kept in a cell in New York with criminals. Retaliation from the newly assertive but otherwise bureaucracy-ridden nation was swift. American diplomats were stripped of identity cards granting them diplomatic benefits, and security barriers surrounding the American Embassy in New Delhi were hauled away. A former finance minister suggested that India respond by arresting same-sex partners of American diplomats, since the Indian Supreme Court recently upheld a section of a Colonial-era law that criminalizes homosexuality.
Notwithstanding legitimate Indian concerns about whether American marshals used correct protocol in the way they treated a diplomat, the truth is that India is party to an exploitative system that needs to be scrutinized.
I grew up in a middle-class household in India in the ’80s; my parents were schoolteachers, and our lifestyle was not lavish by any means. I received new clothes once a year; I don’t recall ever going to a restaurant; our family couldn’t afford a car, so we...
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Saturday, December 21, 2013

Winter Warning: Portable Generators Hold Top Spot in CPSC Report on Carbon Monoxide Deaths & Incidents

Garment workers protest in Savar, Dhaka, on 24 November 2013


Carbon monoxide (CO) is an invisible killer, and portable gas generators emit a lot of CO. Portable generators were involved in the majority of carbon monoxide deaths involving engine-driven tools from 1999 through 2012.  At a carbon monoxide safety event in Chicago today, U.S. Consumer Product Safety Commission Acting Chairman Robert Adler announced that a new agency report finds that portable generators were linked to more than 85 percent of non-fire CO deaths associated with engine-driven tools, or 800 out of 931 deaths, during that 14-year period.  Most of the deaths have occurred since 2005, when Hurricane Katrina and a series of winter ice storms hit the U.S.
CPSC’s report also found that African Americans died at nearly twice their proportion of the population.  CPSC staff found that 23 percent of generator-related fatalities involved African Americans. African Americans make up about 12 percent of the U.S. population, according to the U.S. Census Bureau.
Men of any race were most likely to die from CO poisoning from generators, accounting for 73 percent of the deaths.
Most of the generator fatalities, or 74 percent, occurred at fixed-structure homes. Many of these incidents involved generators that were operated in the home’s living space.
Portable generators have fuel-burning engines.  Engine exhaust contains high levels of poisonous carbon monoxide, which can be fatal within minutes if used...
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